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The different instruments of judicial cooperation between States aim, among other objectives, at mutually recognizing criminal judicial decisions, the fulfillment of sentences handed down in another State or the extradition of an accused or convicted person. However, the divergences of legal cultures mean that the effectiveness and validity of the judicial aid instrument are subject not only to the correct translation of the criminal types and / or penalties described in the request issued by the requesting State, but also to pertinent issues to public order such as the death penalty, reason for refusing an extradition. These divergences are more notable between the criminal justice systems of continental law and those of Islamic law. For this reason, this work proposes the legal and terminological analysis of Ḥudūd crimes, subject to the Shari‘a (expressed in Arabic), in relation to their legal transfer in the target language (Spanish). Next, the legal and / or translational equivalence of these into Spanish will be checked, taking into account the legal context of each criminal code studied here., Los distintos instrumentos de cooperación judicial entre Estados apuntan, entre otros objetivos, a reconocer mutuamente resoluciones judiciales penales, al cumplimiento de penas dictadas en otro Estado o a la extradición de un acusado o condenado. No obstante, las divergencias jurídico-culturales entre los sistemas jurídicos limitan su eficacia y validez, quedándose supeditados no solo a la correcta traducción de los tipos penales y/o penas descritas en la solicitud emitida por el Estado requirente, sino también a cuestiones atinentes al orden público tales como la pena de muerte, motivo de denegación de una extradición. Dichas asimetrías son aún más tangibles entre los sistemas penales de Derecho continental y los de Derecho islámico. Por ello, en un primer momento se propone el análisis jurídico y terminológico comparado de los delitos Ḥudūd, sujetos a la Šari‘a (expresados en lengua árabe como lengua de partida), en relación con su trasvase jurídico en la lengua de llegada (español). Seguidamente, se pasará a comprobar la equivalencia jurídica y/o traductológica de los mismos hacia el español teniendo en cuenta el contexto jurídico de cada código penal de los que aquí se estudian.

peer-reviewed, This study intends to assess the discretionary powers and their functioning and effect within the context of the Saudi legal system; assess the current system’s credibility as a result of this practice; and lastly, attempt to analyse and propose a feasible reform process. Cognisant of the flaws and inconsistencies which emerge from the evaluation of the current system, the researcher believes that improved codification of the Saudi legal system, among other reforms, would lead to greater public confidence in, and improved support of, the functioning of the Saudi justice system in the modern age. The research is based on qualitative analyses of Islamic criminal law in the context of the Saudi legal system. An extensive study into the nature of the Constitution, types of punishments and the extent of judicial discretion will help the researcher in undertaking the study. Further, the researcher will apply Fuller’s principles of morality in law - criteria internationally excepted as being the basic measure to ensure the legality of any given legal system - to the Saudi system in an attempt to examine to what extent these principles are followed within KSA. The results of the study suggest that the Saudi legal system, particularly with regard to sentencing and punishments, does not fully comply with Fuller’s criteria of the morality of law which are reflected in international law. Rather, the scheme applied in KSA appears to suffer from ambiguities and irregularities. This analysis reveals the need for initiatives, such as the codification of law and the setting up of an official body which would be charged with reforming the current regime. Such reforms, it is contended, would improve the credibility of approaches to punishment and sentencing in KSA on both on the domestic and international stage.

peer-reviewed, This study intends to assess the discretionary powers and their functioning and effect within the context of the Saudi legal system; assess the current system’s credibility as a result of this practice; and lastly, attempt to analyse and propose a feasible reform process. Cognisant of the flaws and inconsistencies which emerge from the evaluation of the current system, the researcher believes that improved codification of the Saudi legal system, among other reforms, would lead to greater public confidence in, and improved support of, the functioning of the Saudi justice system in the modern age. The research is based on qualitative analyses of Islamic criminal law in the context of the Saudi legal system. An extensive study into the nature of the Constitution, types of punishments and the extent of judicial discretion will help the researcher in undertaking the study. Further, the researcher will apply Fuller’s principles of morality in law - criteria internationally excepted as being the basic measure to ensure the legality of any given legal system - to the Saudi system in an attempt to examine to what extent these principles are followed within KSA. The results of the study suggest that the Saudi legal system, particularly with regard to sentencing and punishments, does not fully comply with Fuller’s criteria of the morality of law which are reflected in international law. Rather, the scheme applied in KSA appears to suffer from ambiguities and irregularities. This analysis reveals the need for initiatives, such as the codification of law and the setting up of an official body which would be charged with reforming the current regime. Such reforms, it is contended, would improve the credibility of approaches to punishment and sentencing in KSA on both on the domestic and international stage.

peer-reviewed, This study intends to assess the discretionary powers and their functioning and effect within the context of the Saudi legal system; assess the current system’s credibility as a result of this practice; and lastly, attempt to analyse and propose a feasible reform process. Cognisant of the flaws and inconsistencies which emerge from the evaluation of the current system, the researcher believes that improved codification of the Saudi legal system, among other reforms, would lead to greater public confidence in, and improved support of, the functioning of the Saudi justice system in the modern age. The research is based on qualitative analyses of Islamic criminal law in the context of the Saudi legal system. An extensive study into the nature of the Constitution, types of punishments and the extent of judicial discretion will help the researcher in undertaking the study. Further, the researcher will apply Fuller’s principles of morality in law - criteria internationally excepted as being the basic measure to ensure the legality of any given legal system - to the Saudi system in an attempt to examine to what extent these principles are followed within KSA. The results of the study suggest that the Saudi legal system, particularly with regard to sentencing and punishments, does not fully comply with Fuller’s criteria of the morality of law which are reflected in international law. Rather, the scheme applied in KSA appears to suffer from ambiguities and irregularities. This analysis reveals the need for initiatives, such as the codification of law and the setting up of an official body which would be charged with reforming the current regime. Such reforms, it is contended, would improve the credibility of approaches to punishment and sentencing in KSA on both on the domestic and international stage.

peer-reviewed, This study intends to assess the discretionary powers and their functioning and effect within the context of the Saudi legal system; assess the current system’s credibility as a result of this practice; and lastly, attempt to analyse and propose a feasible reform process. Cognisant of the flaws and inconsistencies which emerge from the evaluation of the current system, the researcher believes that improved codification of the Saudi legal system, among other reforms, would lead to greater public confidence in, and improved support of, the functioning of the Saudi justice system in the modern age. The research is based on qualitative analyses of Islamic criminal law in the context of the Saudi legal system. An extensive study into the nature of the Constitution, types of punishments and the extent of judicial discretion will help the researcher in undertaking the study. Further, the researcher will apply Fuller’s principles of morality in law - criteria internationally excepted as being the basic measure to ensure the legality of any given legal system - to the Saudi system in an attempt to examine to what extent these principles are followed within KSA. The results of the study suggest that the Saudi legal system, particularly with regard to sentencing and punishments, does not fully comply with Fuller’s criteria of the morality of law which are reflected in international law. Rather, the scheme applied in KSA appears to suffer from ambiguities and irregularities. This analysis reveals the need for initiatives, such as the codification of law and the setting up of an official body which would be charged with reforming the current regime. Such reforms, it is contended, would improve the credibility of approaches to punishment and sentencing in KSA on both on the domestic and international stage.